Haneef: it’s not what he did, it’s who he knew

Dr Haneef‘s visa has been cancelled, with the consequence that, although granted bail, he apparently needs to be detained, under section 501(3) of the Migration Act – a provision to which natural justice expressly does not apply.

(3) The Minister may:

(a) refuse to grant a visa to a person; or

(b) cancel a visa that has been granted to a person;

if:

(c) the Minister reasonably suspects that the person does not pass the character test; and

(d) the Minister is satisfied that the refusal or cancellation is in the national interest.

A person does not pass the “character test” if:

“the person has or has had an association with someone else, or with a group or organisation, whom the Minister reasonably suspects has been or is involved in criminal conduct.”

Dr Haneef no longer has a visa. He is now a “criminal justice visitor” (believe it or not). It appears that the Attorney-General (or, as Mr Andrews said, the AFP) will issue a “criminal justice certificate” (actually a “criminal justice stay certificate”). This means (combined with his bail conditions) that he must stay (he also cannot be removed [from Australia] though it is not quite clear to me whether that means he couldn’t leave), and, because he doesn’t have a visa (actually, he could apply to the minister for a criminal justice visa), he must be detained because you are only a lawful non-citizen if you have a visa, you are an unlawful non-citizen if you don’t have a visa (actually, if you are a non-citizen who is not a lawful non-citizen), and unlawful non citizens must be detained.